In Secretary of State for Business and Trade v Mercer, the Supreme Court held that s.146 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A) is incompatible with art.11 as it does not protect workers against detriment for participating in industrial action.
The Government has confirmed that it will legislate for six broad parts of the public sector to have to provide a minimum level of service in the event of industrial action.